What constitutes adultery? What level of proof is required?
Adultery is “the illicit intercourse between two persons, one of whom, at least, is married.” Illicit intercourse does not require actual intercourse as it is generally defined; however, there must be proof of some “sexual intimacy” to make a case for adultery. Adultery can be established through proof of inclination and opportunity to commit adultery, and generally, the moving party must present sufficient evidence of the time and place of the alleged adulterous act. A court will analyze the proof presented on a case by case basis.
